Sewell v. Eaton
Wisconsin Supreme Court
ERROR TO THE FOND DU LAC CIRCUIT COURT. The plaintiff in error brought an action of trover in the court below, against (he defendant in error, and declared for conversion of 50,000 feet of oak plank, of the value of $500; to which the defendant pleaded the general issue.
Read the full summary
ERROR TO THE FOND DU LAC CIRCUIT COURT. The plaintiff in error brought an action of trover in the court below, against (he defendant in error, and declared for conversion of 50,000 feet of oak plank, of the value of $500; to which the defendant pleaded the general issue. The cause came on for trial to a jury at the August term of the circuit court of Fond du Lac county, 1856 ; when the plaintiff introduced as a witness Orrin E. Potter, who testified that on the 27 th day of October, 1855, he sold the plaintiff a quantity of plank lying in several different places. There were about 80,000 feet…
1Opinion of the Court
By the Cowd,
WiiitoN, C. J.
We lay out of the case the error relied upon by the counsel for the plaintiff in error, relating to the refusal of the judge to allow the letter of the defendant to be read in evidence to the jury, as we cannot tell, from the bill of exceptions, what its contents were. The bill of exceptions only informs us, that the plaintiff offered to read in evidence a letter written by the defendant, for the purpose of showing that he assumed to own the plank in controversy ; but whether the letter really did tend to show that fact, "we cannot tell. We cannot infer that the…
2Cited by22 opinions
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- Village Food & Liquor Mart v. H & S Petroleum, Inc.Wisconsin Supreme Court · 2002
- Morrow v. ReedWisconsin Supreme Court · 1872
- Fletcher v. IngramWisconsin Supreme Court · 1879
- Smith v. Board of Supervisors of Barron CountyWisconsin Supreme Court · 1878
17 more not listed; retrieve them via the Exa API.